Mann v. Mezuyon, LLC: 12 NYCRR 23-4.2 (k) Is Too General to Predicate Labor Law § 241 (6) Vicarious Liability 1. Introduction Case: Mann v Mezuyon, LLC, 2026 NY Slip Op 03257 (Ct App May 26, 2026)....
People v. Meyers: Reconstruction Hearing as an Adequate Substitute Record Despite Grossly Defective Stenographic Minutes I. Introduction People v Meyers (2026 NY Slip Op 03261 [May 26, 2026])...
“Employer Within the State” Includes Out-of-State Employers When Discrimination Impacts Work Performed in New York Case: Arizzo v Ethicon, Inc., 2026 NY Slip Op 03262 (App Div, 1st Dept May 26, 2026)...
SSI Interim Assistance Reimbursement for Work-Conditioned Safety Net Benefits Does Not Create an FLSA “Kick-Back” Case: Matter of Andersen v. Hein, 2026 NY Slip Op 03259 (NY Ct App May 26, 2026)...
People v. Harris: Prior Guilty Plea to Simple Firearm Possession Does Not Bar Later Murder Prosecution Absent the “Same Criminal Transaction” Under CPL 40.40(2) New York Court of Appeals Rivera, J....
Illegal Plea Sentences, Disqualified Prosecutors, and “Lawful Equivalents”: When No Santobello Resentencing Is Required Case: People v. Flesch, 2026 NY Slip Op 03258 (Ct App May 26, 2026) (Rivera,...
Piggybacking Under General Municipal Law § 103(16) Is Limited to Purchase Contracts, Not Public Works Construction 1. Introduction In Matter of Daniel J. Lynch, Inc. v Board of Educ. of the...
Substantial Evidence in Prison Discipline: Unexplained Absence of Expected Body‑Worn Camera Footage Undermines Reliability 1. Introduction Matter of McPherson v Hill (2026 NY Slip Op 03216 [3d Dept...
OCFS May Not Create a Parallel, Non‑Judicial Foster-Placement System by Regulation: Host Family Home Rules Annulled Matter of Lawyers for Children v. New York State Off. of Children & Family Servs.,...
Filing a CPL 250.10 Notice Waives Physician/Psychologist Privilege for Related Civil Discovery Commentary on S.M. v City of New York, 2026 NY Slip Op 03248 (App Div, 1st Dept May 21, 2026). 1)...
Commercial Landlords May Use Peaceable Lockout Re-Entry for Rent Default (and Plaintiffs Must Identify a Specific Contract and “Wrongful Means” to Prove Interference) 1. Introduction Nolan v. Edison...
Finley v. Turner: Income Averaging Rejected for Support Calculations and Sole Legal Custody Disfavored Where Joint Custody Is Contemplated Case: Finley v. Turner, 2026 NY Slip Op 03147 (2d Dep’t May...
Settlor May Reduce a Beneficiary’s Share to Zero; Recorded Deed and Trustee Conduct Can Bar Later Challenges to Trust Revocation Introduction Matter of Malitz Family Trust v. Angarola (2026 NY Slip...
Geographic Limits in UK Derivative-Action Standing Are Procedural in New York; Forum Non Conveniens Dismissal Must Be Conditioned on UK Refiling Protections Commentary on City of Philadelphia Bd. of...
People v. L.F.: Hearing Required Where CPL 440.10 Motion Plausibly Alleges Trafficking-Victim Causation and Padilla-Based Mandatory-Removal Misadvice Court: Appellate Division, Second Department (New...
RPAPL 1304 Requires Separate 90-Day Notices to Each Borrower; Jointly Addressed Single-Envelope Notice Warrants Dismissal and Supports Renewal After Yapkowitz 1. Introduction Case: HSBC Bank USA,...
Matter of Cantin (2026 NY Slip Op 03162): Misappropriation and Escrow-Accounting Failures Warrant a Two-Year Suspension Despite Substantial Personal Mitigation 1. Introduction Matter of Cantin is an...
Matter of Warner: Aggravated DWI Conviction Triggers Presumptive Public Discipline Absent a Successful Show-Cause Defense 1. Introduction Matter of Warner (App Div, 2d Dept, May 20, 2026) is an...
Time-Barred Addition of a Recorded Owner in Foreclosure Is “Patently Devoid of Merit” and Unexcused Delay Defeats CPLR 3025(b) Leave Case: U.S. Bank N.A. v White, 2026 NY Slip Op 03198 (2d Dept May...
ORES Siting Permits: Party-Status Petitions Must Present Site-Specific, Expert-Supported “Substantive and Significant” Issues; Other Parties’ Arguments Do Not Preserve Judicial Review Introduction...